Full Text of SB0535 102nd General Assembly
SB0535sam001 102ND GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 3/25/2021
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| 1 | | AMENDMENT TO SENATE BILL 535
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 535 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by adding Section 5-45.8 as follows: | 6 | | (5 ILCS 100/5-45.8 new) | 7 | | Sec. 5-45.8. Emergency rulemaking; Illinois Gaming Board. | 8 | | To provide for the expeditious and timely implementation of | 9 | | subsection (f) of Section 5 of the Illinois Gambling Act, | 10 | | emergency rules implementing remedial measures to assist | 11 | | minorities, women, and persons with disabilities in the | 12 | | Illinois gaming industry may be adopted in accordance with | 13 | | Section 5-45 by the Illinois Gaming Board if, as a result of | 14 | | the study conducted under subsection (f) of Section 5 of the | 15 | | Illinois Gambling Act, the Illinois Gaming Board finds that | 16 | | there is a compelling interest in implementing remedial |
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| 1 | | measures. The adoption of emergency rules authorized by | 2 | | Section 5-45 and this Section is deemed to be necessary for the | 3 | | public interest, safety, and welfare. | 4 | | This Section is repealed on January 1, 2029. | 5 | | Section 10. The Illinois Gambling Act is amended by | 6 | | changing Sections 5 and 8 and by adding Section 8.1 as follows:
| 7 | | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| 8 | | Sec. 5. Gaming Board.
| 9 | | (a) (1) There is hereby established the
Illinois Gaming | 10 | | Board, which shall have the powers and duties specified in
| 11 | | this Act, and all other powers necessary and proper to fully | 12 | | and
effectively execute this Act for the purpose of | 13 | | administering, regulating,
and enforcing the system of | 14 | | riverboat and casino gambling established by this Act and | 15 | | gaming pursuant to an organization gaming license issued under | 16 | | this Act. Its
jurisdiction shall extend under this Act to | 17 | | every person, association,
corporation, partnership and trust | 18 | | involved in riverboat and casino gambling
operations and | 19 | | gaming pursuant to an organization gaming license issued under | 20 | | this Act in the State of Illinois.
| 21 | | (2) The Board shall consist of 5 members to be appointed by | 22 | | the Governor
with the advice and consent of the Senate, one of | 23 | | whom shall be designated
by the Governor to be chairperson. | 24 | | Each member shall have a reasonable
knowledge of the practice, |
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| 1 | | procedure and principles of gambling operations.
Each member | 2 | | shall either be a resident of Illinois or shall certify that he | 3 | | or she
will become a resident of Illinois before taking | 4 | | office. | 5 | | On and after the effective date of this amendatory Act of | 6 | | the 101st General Assembly, new appointees to the Board must | 7 | | include the following: | 8 | | (A) One member who has received, at a minimum, a | 9 | | bachelor's degree from an accredited school and at least | 10 | | 10 years of verifiable experience in the fields of | 11 | | investigation and law enforcement. | 12 | | (B) One member who is a certified public accountant | 13 | | with experience in auditing and with knowledge of complex | 14 | | corporate structures and transactions. | 15 | | (C) One member who has 5 years' experience as a | 16 | | principal, senior officer, or director of a company or | 17 | | business with either material responsibility for the daily | 18 | | operations and management of the overall company or | 19 | | business or material responsibility for the policy making | 20 | | of the company or business. | 21 | | (D) One member who is an attorney licensed to practice | 22 | | law in Illinois for at least 5 years. | 23 | | Notwithstanding any provision of this subsection (a), the | 24 | | requirements of subparagraphs (A) through (D) of this | 25 | | paragraph (2) shall not apply to any person reappointed | 26 | | pursuant to paragraph (3). |
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| 1 | | No more than 3 members of the Board may be from the same | 2 | | political party. No Board member shall, within a period of one | 3 | | year immediately preceding nomination, have been employed or | 4 | | received compensation or fees for services from a person or | 5 | | entity, or its parent or affiliate, that has engaged in | 6 | | business with the Board, a licensee, or a licensee under the | 7 | | Illinois Horse Racing Act of 1975. Board members must publicly | 8 | | disclose all prior affiliations with gaming interests, | 9 | | including any compensation, fees, bonuses, salaries, and other | 10 | | reimbursement received from a person or entity, or its parent | 11 | | or affiliate, that has engaged in business with the Board, a | 12 | | licensee, or a licensee under the Illinois Horse Racing Act of | 13 | | 1975. This disclosure must be made within 30 days after | 14 | | nomination but prior to confirmation by the Senate and must be | 15 | | made available to the members of the Senate.
| 16 | | (3) The terms of office of the Board members shall be 3 | 17 | | years, except
that the terms of office of the initial Board | 18 | | members appointed pursuant to
this Act will commence from the | 19 | | effective date of this Act and run as
follows: one for a term | 20 | | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 | 21 | | for a term ending July 1, 1993. Upon the expiration of the
| 22 | | foregoing terms, the successors of such members shall serve a | 23 | | term for 3
years and until their successors are appointed and | 24 | | qualified for like terms.
Vacancies in the Board shall be | 25 | | filled for the unexpired term in like
manner as original | 26 | | appointments. Each member of the Board shall be
eligible for |
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| 1 | | reappointment at the discretion of the Governor with the
| 2 | | advice and consent of the Senate.
| 3 | | (4) Each member of the Board shall receive $300 for each | 4 | | day the
Board meets and for each day the member conducts any | 5 | | hearing pursuant to
this Act. Each member of the Board shall | 6 | | also be reimbursed for all actual
and necessary expenses and | 7 | | disbursements incurred in the execution of official
duties.
| 8 | | (5) No person shall be appointed a member of the Board or | 9 | | continue to be
a member of the Board who is, or whose spouse, | 10 | | child or parent is, a member
of the board of directors of, or a | 11 | | person financially interested in, any
gambling operation | 12 | | subject to the jurisdiction of this Board, or any race
track, | 13 | | race meeting, racing association or the operations thereof | 14 | | subject
to the jurisdiction of the Illinois Racing Board. No | 15 | | Board member shall
hold any other public office. No person | 16 | | shall be a
member of the Board who is not of good moral | 17 | | character or who has been
convicted of, or is under indictment | 18 | | for, a felony under the laws of
Illinois or any other state, or | 19 | | the United States.
| 20 | | (5.5) No member of the Board shall engage in any political | 21 | | activity. For the purposes of this Section, "political" means | 22 | | any activity in support
of or in connection with any campaign | 23 | | for federal, State, or local elective office or any political
| 24 | | organization, but does not include activities (i) relating to | 25 | | the support or
opposition of any executive, legislative, or | 26 | | administrative action (as those
terms are defined in Section 2 |
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| 1 | | of the Lobbyist Registration Act), (ii) relating
to collective | 2 | | bargaining, or (iii) that are
otherwise
in furtherance of the | 3 | | person's official
State duties or governmental and public | 4 | | service functions.
| 5 | | (6) Any member of the Board may be removed by the Governor | 6 | | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 7 | | in office or for engaging in any political activity.
| 8 | | (7) Before entering upon the discharge of the duties of | 9 | | his office, each
member of the Board shall take an oath that he | 10 | | will faithfully execute the
duties of his office according to | 11 | | the laws of the State and the rules and
regulations adopted | 12 | | therewith and shall give bond to the State of Illinois,
| 13 | | approved by the Governor, in the sum of $25,000. Every such | 14 | | bond, when
duly executed and approved, shall be recorded in | 15 | | the office of the
Secretary of State. Whenever the Governor | 16 | | determines that the bond of any
member of the Board has become | 17 | | or is likely to become invalid or
insufficient, he shall | 18 | | require such member forthwith to renew his bond,
which is to be | 19 | | approved by the Governor. Any member of the Board who fails
to | 20 | | take oath and give bond within 30 days from the date of his | 21 | | appointment,
or who fails to renew his bond within 30 days | 22 | | after it is demanded by the
Governor, shall be guilty of | 23 | | neglect of duty and may be removed by the
Governor. The cost of | 24 | | any bond given by any member of the Board under this
Section | 25 | | shall be taken to be a part of the necessary expenses of the | 26 | | Board.
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| 1 | | (7.5) For the examination of all mechanical, | 2 | | electromechanical, or electronic table games, slot machines, | 3 | | slot accounting systems, sports wagering systems, and other | 4 | | electronic gaming equipment, and the field inspection of such | 5 | | systems, games, and machines, for compliance with this Act, | 6 | | the Board shall utilize the services of independent outside | 7 | | testing laboratories that have been accredited in accordance | 8 | | with ISO/IEC 17025 by an accreditation body that is a | 9 | | signatory to the International Laboratory Accreditation | 10 | | Cooperation Mutual Recognition Agreement signifying they are | 11 | | qualified to perform such examinations. Notwithstanding any | 12 | | law to the contrary, the Board shall consider the licensing of | 13 | | independent outside testing laboratory applicants in | 14 | | accordance with procedures established by the Board by rule. | 15 | | The Board shall not withhold its approval of an independent | 16 | | outside testing laboratory license applicant that has been | 17 | | accredited as required under this paragraph (7.5) and is | 18 | | licensed in gaming jurisdictions comparable to Illinois. Upon | 19 | | the finalization of required rules, the Board shall license | 20 | | independent testing laboratories and accept the test reports | 21 | | of any licensed testing laboratory of the system's, game's, or | 22 | | machine manufacturer's choice, notwithstanding the existence | 23 | | of contracts between the Board and any independent testing | 24 | | laboratory. | 25 | | (8) The Board shall employ such
personnel as may be | 26 | | necessary to carry out its functions and shall determine the |
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| 1 | | salaries of all personnel, except those personnel whose | 2 | | salaries are determined under the terms of a collective | 3 | | bargaining agreement. No
person shall be employed to serve the | 4 | | Board who is, or whose spouse, parent
or child is, an official | 5 | | of, or has a financial interest in or financial
relation with, | 6 | | any operator engaged in gambling operations within this
State | 7 | | or any organization engaged in conducting horse racing within | 8 | | this
State. For the one year immediately preceding employment, | 9 | | an employee shall not have been employed or received | 10 | | compensation or fees for services from a person or entity, or | 11 | | its parent or affiliate, that has engaged in business with the | 12 | | Board, a licensee, or a licensee under the Illinois Horse | 13 | | Racing Act of 1975. Any employee violating these prohibitions | 14 | | shall be subject to
termination of employment.
| 15 | | (9) An Administrator shall perform any and all duties that | 16 | | the Board
shall assign him. The salary of the Administrator | 17 | | shall be determined by
the Board and, in addition,
he shall be | 18 | | reimbursed for all actual and necessary expenses incurred by
| 19 | | him in discharge of his official duties. The Administrator | 20 | | shall keep
records of all proceedings of the Board and shall | 21 | | preserve all records,
books, documents and other papers | 22 | | belonging to the Board or entrusted to
its care. The | 23 | | Administrator shall devote his full time to the duties of
the | 24 | | office and shall not hold any other office or employment.
| 25 | | (b) The Board shall have general responsibility for the | 26 | | implementation
of this Act. Its duties include, without |
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| 1 | | limitation, the following:
| 2 | | (1) To decide promptly and in reasonable order all | 3 | | license applications.
Any party aggrieved by an action of | 4 | | the Board denying, suspending,
revoking, restricting or | 5 | | refusing to renew a license may request a hearing
before | 6 | | the Board. A request for a hearing must be made to the | 7 | | Board in
writing within 5 days after service of notice of | 8 | | the action of the Board.
Notice of the action of the Board | 9 | | shall be served either by personal
delivery or by | 10 | | certified mail, postage prepaid, to the aggrieved party.
| 11 | | Notice served by certified mail shall be deemed complete | 12 | | on the business
day following the date of such mailing. | 13 | | The Board shall conduct any such hearings promptly and in | 14 | | reasonable order;
| 15 | | (2) To conduct all hearings pertaining to civil | 16 | | violations of this Act
or rules and regulations | 17 | | promulgated hereunder;
| 18 | | (3) To promulgate such rules and regulations as in its | 19 | | judgment may be
necessary to protect or enhance the | 20 | | credibility and integrity of gambling
operations | 21 | | authorized by this Act and the regulatory process | 22 | | hereunder;
| 23 | | (4) To provide for the establishment and collection of | 24 | | all license and
registration fees and taxes imposed by | 25 | | this Act and the rules and
regulations issued pursuant | 26 | | hereto. All such fees and taxes shall be
deposited into |
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| 1 | | the State Gaming Fund;
| 2 | | (5) To provide for the levy and collection of | 3 | | penalties and fines for the
violation of provisions of | 4 | | this Act and the rules and regulations
promulgated | 5 | | hereunder. All such fines and penalties shall be deposited
| 6 | | into the Education Assistance Fund, created by Public Act | 7 | | 86-0018, of the
State of Illinois;
| 8 | | (6) To be present through its inspectors and agents | 9 | | any time gambling
operations are conducted on any | 10 | | riverboat, in any casino, or at any organization gaming
| 11 | | facility for the purpose of certifying the
revenue | 12 | | thereof, receiving complaints from the public, and | 13 | | conducting such
other investigations into the conduct of | 14 | | the gambling games and the
maintenance of the equipment as | 15 | | from time to time the Board may deem
necessary and proper;
| 16 | | (7) To review and rule upon any complaint by a | 17 | | licensee
regarding any investigative procedures of the | 18 | | State which are unnecessarily
disruptive of gambling | 19 | | operations. The need to inspect and investigate
shall be | 20 | | presumed at all times. The disruption of a licensee's | 21 | | operations
shall be proved by clear and convincing | 22 | | evidence, and establish that: (A)
the procedures had no | 23 | | reasonable law enforcement purposes, and (B) the
| 24 | | procedures were so disruptive as to unreasonably inhibit | 25 | | gambling operations;
| 26 | | (8) To hold at least one meeting each quarter of the |
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| 1 | | fiscal
year. In addition, special meetings may be called | 2 | | by the Chairman or any 2
Board members upon 72 hours | 3 | | written notice to each member. All Board
meetings shall be | 4 | | subject to the Open Meetings Act. Three members of the
| 5 | | Board shall constitute a quorum, and 3 votes shall be | 6 | | required for any
final determination by the Board. The | 7 | | Board shall keep a complete and
accurate record of all its | 8 | | meetings. A majority of the members of the Board
shall | 9 | | constitute a quorum for the transaction of any business, | 10 | | for the
performance of any duty, or for the exercise of any | 11 | | power which this Act
requires the Board members to | 12 | | transact, perform or exercise en banc, except
that, upon | 13 | | order of the Board, one of the Board members or an
| 14 | | administrative law judge designated by the Board may | 15 | | conduct any hearing
provided for under this Act or by | 16 | | Board rule and may recommend findings and
decisions to the | 17 | | Board. The Board member or administrative law judge
| 18 | | conducting such hearing shall have all powers and rights | 19 | | granted to the
Board in this Act. The record made at the | 20 | | time of the hearing shall be
reviewed by the Board, or a | 21 | | majority thereof, and the findings and decision
of the | 22 | | majority of the Board shall constitute the order of the | 23 | | Board in
such case;
| 24 | | (9) To maintain records which are separate and | 25 | | distinct from the records
of any other State board or | 26 | | commission. Such records shall be available
for public |
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| 1 | | inspection and shall accurately reflect all Board | 2 | | proceedings;
| 3 | | (10) To file a written annual report with the Governor | 4 | | on or before
July 1 each year and such additional reports | 5 | | as the Governor may request.
The annual report shall | 6 | | include a statement of receipts and disbursements
by the | 7 | | Board, actions taken by the Board, and any additional | 8 | | information
and recommendations which the Board may deem | 9 | | valuable or which the Governor
may request;
| 10 | | (11) (Blank);
| 11 | | (12) (Blank);
| 12 | | (13) To assume responsibility for administration and | 13 | | enforcement of the
Video Gaming Act; | 14 | | (13.1) To assume responsibility for the administration | 15 | | and enforcement
of operations at organization gaming | 16 | | facilities pursuant to this Act and the
Illinois Horse | 17 | | Racing Act of 1975; | 18 | | (13.2) To assume responsibility for the administration | 19 | | and enforcement
of the Sports Wagering Act; and | 20 | | (14) To adopt, by rule, a code of conduct governing | 21 | | Board members and employees that ensure, to the maximum | 22 | | extent possible, that persons subject to this Code avoid | 23 | | situations, relationships, or associations that may | 24 | | represent or lead to a conflict of interest.
| 25 | | Internal controls and changes submitted by licensees must | 26 | | be reviewed and either approved or denied with cause within 90 |
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| 1 | | days after receipt of submission is deemed final by the | 2 | | Illinois Gaming Board. In the event an internal control | 3 | | submission or change does not meet the standards set by the | 4 | | Board, staff of the Board must provide technical assistance to | 5 | | the licensee to rectify such deficiencies within 90 days after | 6 | | the initial submission and the revised submission must be | 7 | | reviewed and approved or denied with cause within 90 days | 8 | | after the date the revised submission is deemed final by the | 9 | | Board. For the purposes of this paragraph, "with cause" means | 10 | | that the approval of the submission would jeopardize the | 11 | | integrity of gaming. In the event the Board staff has not acted | 12 | | within the timeframe, the submission shall be deemed approved. | 13 | | (c) The Board shall have jurisdiction over and shall | 14 | | supervise all
gambling operations governed by this Act. The | 15 | | Board shall have all powers
necessary and proper to fully and | 16 | | effectively execute the provisions of
this Act, including, but | 17 | | not limited to, the following:
| 18 | | (1) To investigate applicants and determine the | 19 | | eligibility of
applicants for licenses and to select among | 20 | | competing applicants the
applicants which best serve the | 21 | | interests of the citizens of Illinois.
| 22 | | (2) To have jurisdiction and supervision over all | 23 | | riverboat gambling
operations authorized under this Act | 24 | | and all persons in places where gambling
operations are | 25 | | conducted.
| 26 | | (3) To promulgate rules and regulations for the |
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| 1 | | purpose of administering
the provisions of this Act and to | 2 | | prescribe rules, regulations and
conditions under which | 3 | | all gambling operations subject to this
Act shall be
| 4 | | conducted. Such rules and regulations are to provide for | 5 | | the prevention of
practices detrimental to the public | 6 | | interest and for the best interests of
riverboat gambling, | 7 | | including rules and regulations regarding the
inspection | 8 | | of organization gaming facilities, casinos, and | 9 | | riverboats, and the review of any permits or licenses
| 10 | | necessary to operate a riverboat, casino, or organization | 11 | | gaming facility under any laws or regulations applicable
| 12 | | to riverboats, casinos, or organization gaming facilities | 13 | | and to impose penalties for violations thereof.
| 14 | | (4) To enter the office, riverboats, casinos, | 15 | | organization gaming facilities, and
other facilities, or | 16 | | other
places of business of a licensee, where evidence of | 17 | | the compliance or
noncompliance with the provisions of | 18 | | this Act is likely to be found.
| 19 | | (5) To investigate alleged violations of this Act or | 20 | | the
rules of the Board and to take appropriate | 21 | | disciplinary
action against a licensee or a holder of an | 22 | | occupational license for a
violation, or institute | 23 | | appropriate legal action for enforcement, or both.
| 24 | | (6) To adopt standards for the licensing of all | 25 | | persons and entities under this Act,
as well as for | 26 | | electronic or mechanical gambling games, and to establish
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| 1 | | fees for such licenses.
| 2 | | (7) To adopt appropriate standards for all | 3 | | organization gaming facilities, riverboats, casinos,
and | 4 | | other facilities authorized under this Act.
| 5 | | (8) To require that the records, including financial | 6 | | or other statements
of any licensee under this Act, shall | 7 | | be kept in such manner as prescribed
by the Board and that | 8 | | any such licensee involved in the ownership or
management | 9 | | of gambling operations submit to the Board an annual | 10 | | balance
sheet and profit and loss statement, list of the | 11 | | stockholders or other
persons having a 1% or greater | 12 | | beneficial interest in the gambling
activities of each | 13 | | licensee, and any other information the Board deems
| 14 | | necessary in order to effectively administer this Act and | 15 | | all rules,
regulations, orders and final decisions | 16 | | promulgated under this Act.
| 17 | | (9) To conduct hearings, issue subpoenas for the | 18 | | attendance of
witnesses and subpoenas duces tecum for the | 19 | | production of books, records
and other pertinent documents | 20 | | in accordance with the Illinois
Administrative Procedure | 21 | | Act, and to administer oaths and affirmations to
the | 22 | | witnesses, when, in the judgment of the Board, it is | 23 | | necessary to
administer or enforce this Act or the Board | 24 | | rules.
| 25 | | (10) To prescribe a form to be used by any licensee | 26 | | involved in the
ownership or management of gambling |
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| 1 | | operations as an
application for employment for their | 2 | | employees.
| 3 | | (11) To revoke or suspend licenses, as the Board may | 4 | | see fit and in
compliance with applicable laws of the | 5 | | State regarding administrative
procedures, and to review | 6 | | applications for the renewal of licenses. The
Board may | 7 | | suspend an owners license or an organization gaming | 8 | | license without notice or hearing upon a
determination | 9 | | that the safety or health of patrons or employees is
| 10 | | jeopardized by continuing a gambling operation conducted | 11 | | under that license. The suspension may
remain in effect | 12 | | until the Board determines that the cause for suspension
| 13 | | has been abated. The Board may revoke an owners license or | 14 | | organization gaming license upon a
determination that the | 15 | | licensee has not made satisfactory progress toward
abating | 16 | | the hazard.
| 17 | | (12) To eject or exclude or authorize the ejection or | 18 | | exclusion of, any
person from gambling facilities where | 19 | | that person is in violation
of this Act, rules and | 20 | | regulations thereunder, or final orders of the
Board, or | 21 | | where such person's conduct or reputation is such that his | 22 | | or her
presence within the gambling facilities may, in the | 23 | | opinion of
the Board, call into question the honesty and | 24 | | integrity of the gambling
operations or interfere with the | 25 | | orderly conduct thereof; provided that the
propriety of | 26 | | such ejection or exclusion is subject to subsequent |
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| 1 | | hearing
by the Board.
| 2 | | (13) To require all licensees of gambling operations | 3 | | to utilize a
cashless wagering system whereby all players' | 4 | | money is converted to tokens,
electronic cards, or chips | 5 | | which shall be used only for wagering in the
gambling | 6 | | establishment.
| 7 | | (14) (Blank).
| 8 | | (15) To suspend, revoke or restrict licenses, to | 9 | | require the
removal of a licensee or an employee of a | 10 | | licensee for a violation of this
Act or a Board rule or for | 11 | | engaging in a fraudulent practice, and to
impose civil | 12 | | penalties of up to $5,000 against individuals and up to
| 13 | | $10,000 or an amount equal to the daily gross receipts, | 14 | | whichever is
larger, against licensees for each violation | 15 | | of any provision of the Act, any rules adopted by the | 16 | | Board, any order of the Board or any other action
which, in | 17 | | the Board's discretion, is a detriment or impediment to
| 18 | | gambling operations.
| 19 | | (16) To hire employees to gather information, conduct | 20 | | investigations
and carry out any other tasks contemplated | 21 | | under this Act.
| 22 | | (17) To establish minimum levels of insurance to be | 23 | | maintained by
licensees.
| 24 | | (18) To authorize a licensee to sell or serve | 25 | | alcoholic liquors, wine or
beer as defined in the Liquor | 26 | | Control Act of 1934 on board a riverboat or in a casino
and |
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| 1 | | to have exclusive authority to establish the hours for | 2 | | sale and
consumption of alcoholic liquor on board a | 3 | | riverboat or in a casino, notwithstanding any
provision of | 4 | | the Liquor Control Act of 1934 or any local ordinance, and
| 5 | | regardless of whether the riverboat makes excursions. The
| 6 | | establishment of the hours for sale and consumption of | 7 | | alcoholic liquor on
board a riverboat or in a casino is an | 8 | | exclusive power and function of the State. A home
rule | 9 | | unit may not establish the hours for sale and consumption | 10 | | of alcoholic
liquor on board a riverboat or in a casino. | 11 | | This subdivision (18) is a denial and
limitation of home | 12 | | rule powers and functions under subsection (h) of
Section | 13 | | 6 of Article VII of the Illinois Constitution.
| 14 | | (19) After consultation with the U.S. Army Corps of | 15 | | Engineers, to
establish binding emergency orders upon the | 16 | | concurrence of a majority of
the members of the Board | 17 | | regarding the navigability of water, relative to
| 18 | | excursions,
in the event
of extreme weather conditions, | 19 | | acts of God or other extreme circumstances.
| 20 | | (20) To delegate the execution of any of its powers | 21 | | under this Act for
the purpose of administering and | 22 | | enforcing this Act and the rules adopted by the Board.
| 23 | | (20.5) To approve any contract entered into on its | 24 | | behalf.
| 25 | | (20.6) To appoint investigators to conduct | 26 | | investigations, searches, seizures, arrests, and other |
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| 1 | | duties imposed under this Act, as deemed necessary by the | 2 | | Board. These investigators have and may exercise all of | 3 | | the rights and powers of peace officers, provided that | 4 | | these powers shall be limited to offenses or violations | 5 | | occurring or committed in a casino, in an organization | 6 | | gaming facility, or on a riverboat or dock, as defined in | 7 | | subsections (d) and (f) of Section 4, or as otherwise | 8 | | provided by this Act or any other law. | 9 | | (20.7) To contract with the Department of State Police | 10 | | for the use of trained and qualified State police officers | 11 | | and with the Department of Revenue for the use of trained | 12 | | and qualified Department of Revenue investigators to | 13 | | conduct investigations, searches, seizures, arrests, and | 14 | | other duties imposed under this Act and to exercise all of | 15 | | the rights and powers of peace officers, provided that the | 16 | | powers of Department of Revenue investigators under this | 17 | | subdivision (20.7) shall be limited to offenses or | 18 | | violations occurring or committed in a casino, in an | 19 | | organization gaming facility, or on a riverboat or dock, | 20 | | as defined in subsections (d) and (f) of Section 4, or as | 21 | | otherwise provided by this Act or any other law. In the | 22 | | event the Department of State Police or the Department of | 23 | | Revenue is unable to fill contracted police or | 24 | | investigative positions, the Board may appoint | 25 | | investigators to fill those positions pursuant to | 26 | | subdivision (20.6).
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| 1 | | (21) To adopt rules concerning the conduct of gaming | 2 | | pursuant to an organization gaming license issued under | 3 | | this Act. | 4 | | (22) To have the same jurisdiction and supervision | 5 | | over casinos and organization gaming facilities as the | 6 | | Board has over riverboats, including, but not limited to, | 7 | | the power to (i) investigate, review, and approve | 8 | | contracts as that power is applied to riverboats, (ii) | 9 | | adopt rules for administering the provisions of this Act, | 10 | | (iii) adopt standards for the licensing of all persons | 11 | | involved with a casino or organization gaming facility, | 12 | | (iv) investigate alleged violations of this Act by any | 13 | | person involved with a casino or organization gaming | 14 | | facility, and (v) require that records, including | 15 | | financial or other statements of any casino or | 16 | | organization gaming facility, shall be kept in such manner | 17 | | as prescribed by the Board.
| 18 | | (23) To take any other action as may be reasonable or | 19 | | appropriate to
enforce this Act and the rules adopted by | 20 | | the Board.
| 21 | | (d) The Board may seek and shall receive the cooperation | 22 | | of the
Department of State Police in conducting background | 23 | | investigations of
applicants and in fulfilling its | 24 | | responsibilities under
this Section. Costs incurred by the | 25 | | Department of State Police as
a result of such cooperation | 26 | | shall be paid by the Board in conformance
with the |
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| 1 | | requirements of Section 2605-400 of the Department of State | 2 | | Police Law.
| 3 | | (e) The Board must authorize to each investigator and to | 4 | | any other
employee of the Board exercising the powers of a | 5 | | peace officer a distinct badge
that, on its face, (i) clearly | 6 | | states that the badge is authorized by the Board
and
(ii) | 7 | | contains a unique identifying number. No other badge shall be | 8 | | authorized
by the Board. | 9 | | (f) On or before July 1, 2022, the Board shall submit to | 10 | | the General Assembly and publish on its website a diversity | 11 | | study. The diversity study shall determine whether there is a | 12 | | compelling interest in implementing remedial measures, | 13 | | including the application of the Business Enterprise Program | 14 | | under the Business Enterprise for Minorities, Women, and | 15 | | Persons with Disabilities Act or a similar program, to assist | 16 | | minorities, women, and persons with disabilities in the | 17 | | Illinois gaming industry. Additionally, the study shall | 18 | | evaluate race-neutral and gender-neutral programs or other | 19 | | methods that may be used to address the needs of minority | 20 | | applicants, women applicants, applicants with disabilities, | 21 | | minority-owned businesses, women-owned businesses, and | 22 | | businesses owned by persons with disabilities seeking to | 23 | | participate in any gambling or gaming under the Illinois | 24 | | Gambling Act, the Video Gaming Act, or the Sports Wagering | 25 | | Act. | 26 | | If, as a result of the study conducted under this |
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| 1 | | subsection (f), the Board finds that there is a compelling | 2 | | interest in implementing remedial measures, the Board may | 3 | | adopt rules, including emergency rules, to implement remedial | 4 | | measures, if necessary and to the extent permitted by State | 5 | | and federal law, based on the findings of the study conducted | 6 | | under this subsection (f).
| 7 | | (Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
| 8 | | (230 ILCS 10/8) (from Ch. 120, par. 2408)
| 9 | | Sec. 8. Suppliers licenses.
| 10 | | (a) The Board may issue a suppliers license to such | 11 | | persons, firms or
corporations which apply therefor upon the | 12 | | payment of a non-refundable
application fee set by the Board, | 13 | | upon a determination by the Board that
the applicant is | 14 | | eligible for a suppliers license and upon payment of a
$5,000 | 15 | | annual license
fee. At the time of application for a supplier | 16 | | license under this Act, a person that holds a license as a | 17 | | manufacturer, distributor, or supplier under the Video Gaming | 18 | | Act or a supplier license under the Sports Wagering Act shall | 19 | | be entitled to licensure under this Act as a supplier without | 20 | | additional Board investigation or approval, except by vote of | 21 | | the Board; however, the applicant shall pay all fees required | 22 | | for a suppliers license under this Act.
| 23 | | (a-5) Except as provided by Section 8.1, the initial | 24 | | suppliers license shall be issued for 4 years. Thereafter, the | 25 | | license may be renewed for additional 4-year periods unless |
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| 1 | | sooner cancelled or terminated. | 2 | | (b) The holder of a suppliers license is authorized to | 3 | | sell or lease,
and to contract to sell or lease, gambling | 4 | | equipment and supplies to any
licensee involved in the | 5 | | ownership or management of gambling operations.
| 6 | | (c) Gambling supplies and equipment may not be distributed
| 7 | | unless supplies and equipment conform to standards adopted by
| 8 | | rules of the Board.
| 9 | | (d) A person, firm or corporation is ineligible to receive | 10 | | a suppliers
license if:
| 11 | | (1) the person has been convicted of a felony under | 12 | | the laws of this
State, any other state, or the United | 13 | | States;
| 14 | | (2) the person has been convicted of any violation of | 15 | | Article 28 of the
Criminal Code of 1961 or the Criminal | 16 | | Code of 2012, or substantially similar laws of any other | 17 | | jurisdiction;
| 18 | | (3) the person has submitted an application for a | 19 | | license under this
Act which contains false information;
| 20 | | (4) the person is a member of the Board;
| 21 | | (5) the entity is one in which a person defined in (1),
| 22 | | (2), (3) or (4), is an officer, director or managerial | 23 | | employee;
| 24 | | (6) the firm or corporation employs a person who | 25 | | participates in the
management or operation of gambling | 26 | | authorized under this Act;
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| 1 | | (7) the license of the person, firm or corporation | 2 | | issued under
this Act, or a license to own or operate | 3 | | gambling facilities
in any other jurisdiction, has been | 4 | | revoked.
| 5 | | (e) Any person that supplies any equipment, devices, or | 6 | | supplies to a
licensed gambling operation must first obtain a | 7 | | suppliers
license. A supplier shall furnish to the Board a | 8 | | list of all equipment,
devices and supplies offered for sale | 9 | | or lease in connection with gambling
games authorized under | 10 | | this Act. A supplier shall keep books and records
for the | 11 | | furnishing of equipment, devices and supplies to gambling
| 12 | | operations separate and distinct from any other business that | 13 | | the supplier
might operate. A supplier shall file a quarterly | 14 | | return with the Board
listing all sales and leases. A supplier | 15 | | shall permanently affix its name or a distinctive logo or | 16 | | other mark or design element identifying the manufacturer or | 17 | | supplier
to all its equipment, devices, and supplies, except | 18 | | gaming chips without a value impressed, engraved, or imprinted | 19 | | on it, for gambling operations.
The Board may waive this | 20 | | requirement for any specific product or products if it | 21 | | determines that the requirement is not necessary to protect | 22 | | the integrity of the game. Items purchased from a licensed | 23 | | supplier may continue to be used even though the supplier | 24 | | subsequently changes its name, distinctive logo, or other mark | 25 | | or design element; undergoes a change in ownership; or ceases | 26 | | to be licensed as a supplier for any reason. Any supplier's |
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| 1 | | equipment, devices or supplies which are used by any person
in | 2 | | an unauthorized gambling operation shall be forfeited to the | 3 | | State. A holder of an owners license or an organization gaming | 4 | | license may own its own equipment, devices and supplies. Each
| 5 | | holder of an owners license or an organization gaming license | 6 | | under the Act shall file an annual report
listing its | 7 | | inventories of gambling equipment, devices and supplies.
| 8 | | (f) Any person who knowingly makes a false statement on an | 9 | | application
is guilty of a Class A misdemeanor.
| 10 | | (g) Any gambling equipment, devices and supplies provided | 11 | | by any
licensed supplier may either be repaired on the | 12 | | riverboat, in the casino, or at the organization gaming | 13 | | facility or removed from
the riverboat, casino, or | 14 | | organization gaming facility to a facility owned by the holder | 15 | | of an owners
license, organization gaming license, or | 16 | | suppliers license for repair.
| 17 | | (Source: P.A. 101-31, eff. 6-28-19.)
| 18 | | (230 ILCS 10/8.1 new) | 19 | | Sec. 8.1. Harmonization of supplier category licenses. | 20 | | (a) As used in this Section, "supplier category license" | 21 | | means a suppliers license issued under this Act, a supplier | 22 | | license issued under the Sports Wagering Act, or a | 23 | | manufacturer, distributor, or supplier license issued under | 24 | | the Video Gaming Act. | 25 | | (b) If a holder of any supplier category license is |
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| 1 | | granted an additional supplier category license, the initial | 2 | | period of the new supplier category license shall expire at | 3 | | the earliest expiration date of any other supplier category | 4 | | license held by the licensee. If a licensee holds multiple | 5 | | supplier category licenses on the effective date of this | 6 | | amendatory Act of the 102nd General Assembly, all supplier | 7 | | category licenses shall expire at the earliest expiration date | 8 | | of any of the supplier category licenses held by the licensee. | 9 | | Section 15. The Video Gaming
Act is amended by changing | 10 | | Section 50 as follows: | 11 | | (230 ILCS 40/50)
| 12 | | Sec. 50. Distribution of license fees.
| 13 | | (a) All fees collected under Section 45 shall be deposited | 14 | | into the State Gaming
Fund.
| 15 | | (b) Fees collected under Section 45 shall be used as | 16 | | follows:
| 17 | | (1) Twenty-five percent shall be paid, subject to | 18 | | appropriation by the General Assembly, to the Department | 19 | | of Human Services for administration of programs for the | 20 | | treatment of
compulsive gambling.
| 21 | | (2) Seventy-five percent shall be used for the | 22 | | administration of this
Act.
| 23 | | (c) All initial terminal handler, technician, licensed | 24 | | establishment, licensed truck stop establishment, licensed |
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| 1 | | large truck establishment, licensed fraternal establishment, | 2 | | and licensed fraternal establishment licenses issued by the | 3 | | Board under this Act shall be issued for 2 years and are | 4 | | renewable for additional 2-year periods annually
unless sooner | 5 | | cancelled or terminated. Except as provided by Section 8.1 of | 6 | | the Illinois Gambling Act, all initial manufacturer, | 7 | | distributor, supplier, and terminal operator licenses issued | 8 | | by the Board under this Act shall be issued for 4 years and are | 9 | | renewable for additional 4-year periods unless sooner | 10 | | cancelled or terminated. No license issued under this Act is
| 11 | | transferable or assignable.
| 12 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.) | 13 | | Section 20. The Sports Wagering Act is amended by changing | 14 | | Section 25-50 as follows: | 15 | | (230 ILCS 45/25-50)
| 16 | | Sec. 25-50. Supplier license. | 17 | | (a) The Board may issue a supplier license to a person to | 18 | | sell or lease sports wagering equipment, systems, or other | 19 | | gaming items to conduct sports wagering and offer services | 20 | | related to the equipment or other gaming items and data to a | 21 | | master sports wagering licensee while the license is active. | 22 | | (b) The Board may adopt rules establishing additional | 23 | | requirements for a supplier and any system or other equipment | 24 | | utilized for sports wagering. The Board may accept licensing |
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| 1 | | by another jurisdiction that it specifically determines to | 2 | | have similar licensing requirements as evidence the applicant | 3 | | meets supplier licensing requirements. | 4 | | (c) An applicant for a supplier license shall demonstrate | 5 | | that the equipment, system, or services that the applicant | 6 | | plans to offer to the master sports wagering licensee conforms | 7 | | to standards established by the Board and applicable State | 8 | | law. The Board may accept approval by another jurisdiction | 9 | | that it specifically determines have similar equipment | 10 | | standards as evidence the applicant meets the standards | 11 | | established by the Board and applicable State law. | 12 | | (d) Applicants shall pay to the Board a nonrefundable | 13 | | license and application fee in the amount of $150,000. Except | 14 | | as provided by Section 8.1 of the Illinois Gambling Act, the | 15 | | initial supplier license shall be issued for 4 years unless | 16 | | sooner cancelled or terminated. After the initial period | 17 | | 4-year term , the Board shall renew supplier licenses for | 18 | | additional 4-year periods unless sooner cancelled or | 19 | | terminated annually thereafter . Renewal of a supplier license | 20 | | shall be granted to a renewal applicant who has continued to | 21 | | comply with all applicable statutory and regulatory | 22 | | requirements , upon submission of the Board-issued renewal form | 23 | | and payment of a $150,000 renewal fee . Beginning 4 years after | 24 | | issuance of the initial supplier license, a holder of a | 25 | | supplier license shall pay a $150,000 annual license fee. | 26 | | (e) A supplier shall submit to the Board a list of all |
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| 1 | | sports wagering equipment and services sold, delivered, or | 2 | | offered to a master sports wagering licensee in this State, as | 3 | | required by the Board, all of which must be tested and approved | 4 | | by an independent testing laboratory approved by the Board. A | 5 | | master sports wagering licensee may continue to use supplies | 6 | | acquired from a licensed supplier, even if a supplier's | 7 | | license expires or is otherwise canceled, unless the Board | 8 | | finds a defect in the supplies.
| 9 | | (Source: P.A. 101-31, eff. 6-28-19.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law, except that Section 5 takes effect July 1, | 12 | | 2022.".
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